LIVE OAK GEO ENVIRONMENTAL, INC.
<br /> STANDARD AGREEMENT FOR SERVICES
<br /> This is an agreement made between Bili Williams, 8027 W. Howard Rd.,Stockton,CA 95206 (Clien , and Live Oak
<br /> GeoEnvironmental, Inc. (Consultant). Live Oak GeoEnvironmental agrees to provide services as out ined in Proposal
<br /> 1930, dated April 16, 2019.
<br /> BY)k #horiz d By;. ` Work Ac pteL�E�yz-�
<br /> Address:: p y.
<br /> Com an Live Oak GeoEnvironmental, Inc.
<br /> (-A 407 W.Oak St., Lodi,CA 95240
<br /> Date:- -) % Date: 4 -.1 _ / `( _
<br /> Contact PhonePhone:(209)369-0375
<br /> Section 1:Scope.of Services
<br /> 1.1 Consultant will notify Client if Consultant identifies conditions or circumstances that were not contemplated at the start of tflis agreement If
<br /> necessary,Consultant will provide Client with a notice in writing confirming a change in the proposal. All such notices will beco Tie an amendment
<br /> to this agreement unless Client objects in writing within fi business days after receipt.All services performed by Consultant on ti ie project are
<br /> subject to the terns and limitations of this agreement.
<br /> 1.2 Client expressly waives any claim against Consultant resulting from Consultant's failure to perform additional services that T tient has not
<br /> authorized Consuitant to perform,and any claim that Consultant failed to perform services that Client instructs Consultant not t i perform.
<br /> 1.3 Consultant's proposal specifically excludes any services related to mold or other biological agents.
<br /> Section 2:Right of Entry
<br /> 2.1 Client attests that Client is the Owner of the property on which the work is to be performed;or Client has the owner's writt n permission for
<br /> Consultant to enter the property and perform the work. If not the Owner,Client attests that Client has shared Consultant's prop osal and contract
<br /> with Owner,and owner agrees in writing to all sections of the proposal and contract.
<br /> 2.2 The Client will provide for right of entry of the Consultant and all equipment necessary in order to complete the work.
<br /> 2.3 While the Consultant will take'reasonable precautions to minimize damage to the property,it is understood by the Client thi t in the normal
<br /> course of work some damage may occur,the correction of which is not part of this agreement.
<br /> Section 3:Limitation of Liability
<br /> 3.1 Client agrees to limit the Consultant's liability to Client and all contractors and subcontractors on the project arising from th< Consultant's
<br /> professional acts,errors,or omissions,such that the total aggregate liability of the Consultant to all those named shaft not exce the Consultant's
<br /> total fee for the services rendered on this project. Client further agrees to require of the contractor and contractor's subcontrac ors an identical
<br /> limitation of the Consultant's liability for damages suffered by the contractor or subcontractors arising from the Consultant's Prc fessional acts,
<br /> errors,or omissions.
<br /> 3.2 Client will indemnify and hold harmless Consultant from and against any and all losses to the extent caused by the negligen ae of Client,its
<br /> employees,agents and contractors.In addition,Client expressly agrees to defend,indemnify and hold harmless Consultant fr and against any
<br /> and all losses arising from or related to the existence,disposal,release,discharge,treatment or transportation of Hazardous M erials,or the
<br /> exposure of any person to Hazardous Materials,or the degradation of the environment due to the presence,discharge,disposa,release of or
<br /> exposure to Hazardous Material.
<br /> 3.3 Client expressly agrees to defend,indemnify and hold harmless Consultant from and against any and all losses arising from or related to
<br /> requirements imposed on the Client,project site,property owner,or County project application by local,County,State,or P ai agencies as a
<br /> result of Consultant's Work. Client expressly agrees to defend,indemnify and hold harmless Consultant from and against any a id all tosses arising
<br /> from or related to true or perceived changes in property value or salability as a result of Consultant's Work.On request,Consultint will provide
<br /> Client with a copy of any report for review prior to submitting the report to such agencies for review.
<br /> 3.4 if the scope of work includes a Surface&Subsurface Contamination Report,Soil Suitability Study and/or nitrate Loading S rudy.Client
<br /> understands that Consultant is preparing these reports to submit to the San Joaquin County Environmental Health Department I SJC EHD)for
<br /> review. Client understands that the SJC EHD may Impose conditions on Client's land uselication and/or parcel ma as a r suit of the findin s
<br /> of Consultant's reports,and that these conditions could include,but are not limited to,investigation into or removal of debris,s ined soil, g
<br /> hazardous materials,and storage tanks,or the requirement for engineered septic systems or other septic mitigations. Client expressly agrees to
<br /> defend,indemnify and hold harmless Consultant from and against any and all losses arising from or related to the requirements of the SJC£HD or
<br /> any subsequent investigation arising from or related to the requirements of the SJC EHD. Client gives Consultant permission to submit the work
<br /> product to SJC EHD for review,with the understanding that conditions may be placed on the project and/or property. Client un erstands that any
<br /> documents submitted to the SJC EHD,as well as any correspondence with the SJC EHD,remain on file at the SJC EHD and an public record.
<br /> 3.5 Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant s control,including
<br /> adverse weather conditions,delays in transportation,or Inability to obtain material and equipment in the open market.
<br /> Section 4:Client's Responsibilities
<br /> 4.1 Client will assist and cooperate with Consultant in any mariner necessary to facilitate Consultant's performance under this agreement.
<br /> 4.2 Client will supply Consultant with any information,documents,or knowledge in Client's possession that are relevant to Con uitant's services.
<br /> Client warrants the accuracy of any information supplied by it to Consultant,and acknowledges that Consultant is entitled to rO i upon such
<br /> information without verifying its accuracy.Prior to the commencement of any Services in connection witha specific property,Cl ant will notify
<br /> Consultant of any known potential or possible health or safety hazard existing on or near the Project Site,with particular reference to Hazardous
<br /> Materials or conditions.
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